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How Can a Limited Conservatorship Provide Help for Disabled Adults?

Posted on in Estate Planning


Berkeley, CA Estate Planning AttorneyWhen a child’s parents die or become unable to provide the necessary care, guardianship will allow another person to step in and ensure that the child is provided for. However, children are not the only ones who may need this sort of care and supervision. Adults who are unable to fully care for themselves, including people who are developmentally disabled or seniors who no longer have the capacity to meet their own needs, can benefit from a form of guardianship known as conservatorship. A limited conservatorship will often be appropriate for these types of individuals, and people who are involved in these types of cases will need to understand their rights and the procedures that will be followed.

Types of Conservatorship

As with guardianship, a person may be named a conservator of the person or a conservator of the estate. A conservator of the person will be responsible for making sure the conservatee has the necessary food, shelter, clothing, and medical care. A conservator of the estate will be responsible for managing the conservatee’s assets and finances, including collecting income or benefits on their behalf and paying any necessary bills or expenses.

While there may be some cases where a conservator will have complete control over a conservatee’s person or estate, most of the time, courts prefer to establish a limited conservatorship. This will ensure that the conservator will provide the necessary assistance for the conservatee, while providing the conservatee with control over the aspects of their life that they are able to manage. This protects the conservatee’s rights, allowing them to make decisions for themselves while also offering the reassurance that a person who cares about them will make sure their needs are being met.

A limited conservatorship can be established by filing a petition to appoint a conservator in probate court. A notice of the petition with information about the date of the conservatorship hearing will need to be provided to any applicable relatives of the conservatee, such as their parents, children, or siblings. A hearing will be held to review the case, determine whether conservatorship is appropriate, and decide on the level of authority to be granted to the conservator and the decisions that the conservatee will be able to make for themselves. One year after a conservator is appointed and every two years after that, the case will be reviewed to ensure that the conservatee’s needs are being met and determine whether any changes need to be made to the conservatorship agreement.

Contact Our San Francisco Conservatorship Lawyer

If you believe that someone close to you needs help managing their lives, or if you would like to have someone appointed as a conservator to help you meet your needs, the Law Office of Martin Alperen can help you understand your rights, and we will work with you to establish a conservatorship agreement that works for you. Contact our Bay Area estate planning attorney at 415-534-1200 to set up a free consultation today.

Sources:

https://sfsuperiorcourt.org/divisions/probate/conservatorships-of-adults

 

https://www.scscourt.org/self_help/probate/conservatorship/conservatorship_limited.shtml

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